The U.S. Department of Justice has filed a lawsuit challenging the constitutionality of an Illinois law that blocks federal immigration agents from conducting civil arrests in state courthouses.

The legislation blocking civil arrests at courthouses was signed into law on Dec. 9 by Gov. JB Pritzker in response to “unjust federal actions” from U.S. President Donald Trump’s administration in the wake of the controversial Operation Midway Blitz.

More than 4,500 “illegal aliens” were arrested during the operation, according to a Dec. 19 news release from the U.S. Department of Homeland Security.

Chief judges in Will and Kendall counties would not comment on the law in case there was a legal challenge. Senate President Don Harmon, D-Oak Park, one of the sponsors of the legislation, anticipated there would be such a challenge, according to Capitol News Illinois.

The aggressive raids and tactics by federal officers during the operation have been denounced by residents, politicians and activists.

An attorney for the Mexican American Legal Defense and Educational Fund criticized “aggressive courthouse sweeps” from the Trump administration in a statement regarding the state law blocking civil arrests.

But U.S. Attorney Steven Weinhoeft said those arrests are only necessary because Illinois “refuses to honor federal detainers” at the jails and prisons and instead prefers to “release criminals back into our communities.”

The lawsuit on Monday from the U.S. Department of Justice contends Illinois violated the the supremacy clause of the U.S. Constitution with the laws regarding civil arrests and another law allowing for civil liability against federal immigration agents.

The supremacy clause refers to the foundational principle that federal law takes precedence over any conflicting state law, according to Cornell Law School’s Legal Information Institute.

The lawsuit names Pritzker and Illinois Attorney General Kwame Raoul as defendants in the case.

A statement from Pritzker’s office said the governor has always said that if someone commits a violent crime and is in the country illegally, then they do not belong in the state and need to be held accountable.

But the Trump Administration’s masked agents are not targeting the ‘“worst of the worst,” according to the governor’s statement.

“They are harassing and detaining law-abiding U.S. citizens and Black and Brown people at daycares, hospitals, and courthouses. This new law reflects our belief that no one is above the law, regardless of their position or authority. Unlike the Trump Administration, Illinois is protecting Constitutional rights in our state,” according to the governor’s statement.

The Department of Justice lawsuit claims the state laws prohibiting civil arrests at courthouses and allowing for civil penalties against federal agents rely on a “misconception that federal law enforcement officers conduct only ‘civil’ immigration actions.”

“By declaring certain federal actions ‘civil’ and therefore beyond the state’s duty to respect, Illinois has erected a false dichotomy that undermines the entire statutory scheme Congress designed,” according to the lawsuit.

ICE activity at courthouses

On Dec. 10, ,Will County Sheriff Deputy Chief Dan Jungles, who is running for sheriff next year, said he was not personally aware of any ICE arrests taking place at the courthouse but it’s possible the security for the building knows.

In a recent The 815 Has Problems podcast, Will County Executive Jennifer Bertino-Tarrant said “ICE has been coming to Will County forever.”

“They’ve gone to our courthouse for years and years. Their presence is not new. What is new is how it has become much more aggressive is what’s new,” Bertino-Tarrant said.

Last October, Bertino-Tarrant’s office issued an executive order that restricts federal immigration activity on county-owned property.

ICE has yet to confirm whether they were the federal agency that took a person into custody on July 24 at the Will County Courthouse.

When asked about the law blocking civil arrests at courthouses, Kendall County State’s Attorney Eric Weis, a Republican, said “usurping federal authority is always a bad idea.”

“To prevent one governmental entity from assisting another governmental entity when it comes to enforcing the laws always seems like a bad idea in general, not just when it comes to this issue,” Weis said.

In an interview with conservative radio host Dan Proft, Will County State’s Attorney James Glasgow, a Democrat, said he did not consider illegal immigration a civil issue.

“It is not a civil issue. Under the federal statute, it is a misdemeanor and it is punishable by up to six months in jail,” Glasgow said.

Some provisions of federal immigration statutes are criminal but deportation and removability are considered matters of civil law, not criminal law, according to Raoul’s office.

“Whether an individual is lawfully present in the United States is a question of federal civil immigration law. The U.S. Supreme Court has held that ‘it is not a crime for a removable alien to remain present in the United States,’” according to Raoul’s office.